Code of Criminal Procedure, 1973 – s.482 – Constitution of
India – Article 226 – Quashing of FIR – Blanket interim orders of
stay of investigation and/or “no coercive steps to be adopted” during
pendency of quashing proceedings and/or u/Art.226 –
Impermissibility of – Held: Police has the statutory right and duty
to investigate into a cognizable offence – Save in exceptional cases,
the Court should not interfere at the stage of investigation of offences
– When the investigation is in progress and the facts are hazy, the
High Court should restrain itself from passing the interim order of
not to arrest or “no coercive steps to be adopted” – FIR is not an
encyclopaedia disclosing all facts and details of the offence –
Therefore, when the investigation is in progress, the court should
not go into the merits of the allegations in the FIR – Police must be
permitted to complete the investigation – Extraordinary and inherent
powers of the Court do not confer an arbitrary jurisdiction on the
Court to act according to its whims or caprice – Power of quashing
should be exercised sparingly with circumspection in the ‘rarest of
rare cases’ (not to be confused with the formation in the context of
death penalty) – Even in a case where the High Court is prima facie
of the opinion that an exceptional case is made out for grant of
interim stay of further investigation, it has to give brief reasons
why such an order is warranted – In the present case, impugned
interim order passed by the High Court directing “no coercive
measures to be adopted” against the respondent nos. 2 to 4-accused,
set aside – Penal Code, 1860 – ss.406, 420, 465, 468, 471, 120B.
Code of Criminal Procedure, 1973 – s.482 – Constitution of
India – Article 226 – Quashing petitions u/s.482 or Article 226
dismissed – Orders passed by High Courts of not to arrest during
the pendency of the investigation – Held: Despite the law laid down by Supreme Court deprecating such orders, many High Courts are
passing such orders – Law declared by Supreme Court is binding
on all the High Courts – High Courts cautioned against passing
such orders.
Code of Criminal Procedure, 1973 – s.340 r/w s.195 (1)(B) –
Petition under, filed by respondent nos.2 to 4-accused alleging that
the appellant suppressed vital agreements, facts and obtained interim
order by Supreme Court which stayed the impugned order passed
by High Court – Held: Interim order staying the impugned order
was passed by giving reasons – Further, even if the documents/
agreements alleged to have been suppressed would have been there,
it would not have any bearing on the interim order passed.